Interim Trustee Named at Boyer Candy

Published 8:00 pm, Thursday, April 10, 2003

A judge removed Boyer Candy Co.'s chief executive officer as trustee of the troubled company on Friday, naming an interim trustee who was to start running the candy maker immediately.

The former wife of deceased president Anthony Forgione sought to oust CEO Roger Raybuck as trustee, a position that gives the holder control over the company best known for its creme-filled Mallo Cups and peanut Smoothies.

Deborah Forgione said she was forced by her husband to give up her position as trustee before he died in 2001. The fight has pitted her against two of her children, who wanted Raybuck to run the company.

Judge Timothy McCarthy of the 15th Judicial Circuit Court in Palm Beach County, Fla., named businessman Roy Mollomo, offered by Forgione as a choice, as interim trustee.

Mollomo must submit a proposal to the court within 20 days of his anticipated fees and costs as interim trustee.

"It's excellent news," said Steve Pesso, an attorney for Deborah Forgione. Pesso said Mollomo is an acquaintance of Deborah Forgione and had worked with Boyer before.

Attorney Charles Lichtman, who represents the two children, Anthony and Danielle Forgione, did not return calls seeking comment.

Mollomo said he has worked as a troubleshooter for other companies but declined to comment further.

With control of the company in question in recent years, lenders have been hesitant to finance the purchase of ingredients for Boyer's brightly packaged confections.

Net losses for the company widened from $842,000 in 2001 to almost $1.4 million last year, according to the audit performed for Deborah Forgione by accounting firm Fiore, Fedeli & Snyder.

The number of Boyer employees had been halved over two years to less than 80 in December. On Dec. 20, production stopped, and the last back orders were shipped late last month. Retailers say shelves have recently been emptied of the last Boyer candies.